- The Supreme Court collegium system for appointing judges was created through a series of Supreme Court cases in the 1980s and 1990s that shifted the power to select judges from the executive to the judiciary. - The collegium, comprised of the Chief Justice and several other senior Supreme Court judges, is tasked with recommending names of individuals to be appointed as Supreme Court and high court judges. - However, the collegium system lacks transparency and accountability. There are calls to replace it with an independent judicial commission to handle appointments.

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
SUPREME COURT
COLLEGIUM
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
SHELLEY E.
Trademark department
EMAIL
info@altacit.com
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2. INTRODUCTION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
• Supreme Court is the highest judicial authority of India. It
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
consists of the Chief Justice and 25 other judges.
BANGALORE
Suite 920, Level 9,
Raheja Towers, • The Chief Justice and other judges of the Supreme Court are
26-27, M G Road,
Bangalore - 560 001. appointed by the President of India.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road, • While appointing the Chief Justice, the President is
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 constitutionally required to consult such other judges of the
Supreme Court.
• While appointing other judges, the President is bound to consult
the Chief Justice and other senior judges, if he deems proper.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

3. CNTD…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road, • Whenever there is vacancy or a likely vacancy in the Supreme
Mylapore,
Chennai - 600 004. Court, the Chief Justice and four other senior most judges consider
Tel: +91 - 44 - 2498 4821
various names and recommend the names of the persons to be
BANGALORE
Suite 920, Level 9, appointed as judges of the Supreme Court. This system is based on
Raheja Towers,
26-27, M G Road, a ruling of the Constitutional Bench of a Supreme Court (handed
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 down in 1993 and reinforced in 1998).
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
• Thus, while the Constitution still provides that the President is
Tel: +91 - 422 – 6552921 the appointing authority of the Supreme Court judges, the ruling
of the Supreme Court, has since 1998, become virtually binding on
the President.
• The power of selection of judges has passed on to a group of
Supreme Court judges, called the Collegium of the Court.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

4. CREATION OF COLLEGIUM IN
INDIA
CHENNAI
3rd Floor, ‘Creative Enclave’, COLLEGIUM:
148-150, Luz Church Road,
Mylapore, In Ancient Rome, a collegium (plural collegia, "joined by law")
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 was any association with a legal personality. Such associations
BANGALORE
had various functions.A board incharge of a department.
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
• Article 124(2) of the Constitution says every judge of the
Supreme Court shall be appointed by the President in
COIMBATORE
BB1, Park Avenue, consultation with the CJI. This has resulted in a long tug-of-war
# 48, Race Course Road,
Coimbatore - 641018. between the executive and the judiciary.
Tel: +91 - 422 – 6552921
• The collegium method was created over three landmark cases.
– S.P. Gupta vs the Union of India case otherwise known as the First
Judges case.
– S.C. Advocates on Record Association vs Union of India aka
EMAIL Second Judges case
info@altacit.com
– In The Supreme Court Of India vs Civil Advisory Jurisdiction aka
WEBSITE
theThird Judges case
www.altacit.com

5. CNTD…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
• In 1982 the courts gave the government the upper hand in the S.P.
Tel: +91 - 44 - 2498 4821
Gupta vs the Union of India case. That court held that when it
BANGALORE
Suite 920, Level 9,
came to appointing and transferring judges, the primacy
Raheja Towers,
26-27, M G Road,
belonged to the executive. The S.P. Gupta decision said the
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
“consultation” by the President with the CJI when it came to
COIMBATORE
judicial appointments was purely formal.
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 • In 1993 the judiciary got the upper hand. It reversed the S. P.
Gupta verdict by deciding the CJI actually had primacy when it
came to appointments and the President couldn’t make any
appointments unless the CJI agreed.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• The judiciary’s upper hand was solidified in 1998 by the Third
Mylapore,
Chennai - 600 004.
Judges case. This time around the Bench ruled:
Tel: +91 - 44 - 2498 4821
– As to appointment of the Supreme Court Judges, the Chief
BANGALORE
Suite 920, Level 9, Justice of India should consult a collegium of four seniormost
Raheja Towers,
26-27, M G Road, judges of the Apex Court. Even if two Judge give an adverse
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 opinion, the CJI should not send the recommendation to the
COIMBATORE
Government.”
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 • With the best of intentions of securing the independence of the
judiciary, the Supreme Court rewrote the provisions of the
Constitution for appointment of judges and appropriated the
power to appoint judges by the judges.
• Thus was born the collegium, the opaque body that chooses who
EMAIL
info@altacit.com will serve as Justices of the Supreme Court and eventually the CJI.
WEBSITE
www.altacit.com

7. WHAT DOES THE COLLEGIUM
DO?
CHENNAI
3rd Floor, ‘Creative Enclave’,
• The essential features of this judicially created
system of appointments is that
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
– the collegium selects judges on their own assessment
26-27, M G Road,
Bangalore - 560 001. of the merits of a person and the government is
bound to appoint the selected person except in a rare
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue, case of the collegium having overlooked some aspect
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
of the incumbent not being a suitable judge.
– Even here, government’s view can be disregarded by
the collegium by reasserting its choice.
EMAIL – The executive has little or no role in the appointment
info@altacit.com
of judges as a result.
WEBSITE
www.altacit.com

8. BURDEN
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• In prescribing the appointment to judges of the Supreme Court
Mylapore,
Chennai - 600 004.
and the High Courts by the collegium, the Supreme Court did not
Tel: +91 - 44 - 2498 4821 realise the burden it was imposing on the collegium of selecting
BANGALORE judges for the Supreme Court and High Courts and transferring
Suite 920, Level 9,
Raheja Towers, them from one High Court to another.
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE • This detract the judges of the collegium from their principal
BB1, Park Avenue,
# 48, Race Course Road, judicial work of hearing and deciding cases.
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
• The collegium is not equipped with any sub ordinate bureaus to
assist in appropriate inquiries of the competence, character and
integrity of a proposed appointee.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

9. CHENNAI
3rd Floor, ‘Creative Enclave’, • This has resulted in ad hoc informal consultations with other
148-150, Luz Church Road,
Mylapore,
judges in the Supreme Court who are expected to know the
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 merits of a proposed appointee from a High Court or
BANGALORE
occasionally by sounding a member of the Bar.
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
• The current practice is the Collegium selects senior-most judges
COIMBATORE
from the High Court for the appointments to the Supreme Court.
BB1, Park Avenue,
# 48, Race Course Road, Limiting the entry zone to senior-most judges of the High Court
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 has induced legitimate expectations in them to be promoted to
the Supreme Court.
• Besides, the collegium’s deliberations are secret, the system is
opaque.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

10. REMEDY
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore, • Proposals for the establishment of a National Commission for
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 Judicial Appointments have been made at various times in India.
BANGALORE
Suite 920, Level 9,
Raheja Towers,
• The Law Commission in 1987 recommended a broad based body
26-27, M G Road,
Bangalore - 560 001.
of judges and other person to make recommendations for the
Tel: +91 - 80 - 6546 2400
appointments of judges.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road, • A Constitutional Amendment Bill was tabled in Parliament for
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 the establishment of such a Commission in 1990 but it lapsed.
• The National Commission to Review the Constitution 2002 set
up by the Government of India favoured a National Judicial
Commission with a predominance of judicial members as an
alternative to the collegium system.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

11. CONCLUSION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore, Setting up of Judicial commision have been a success in the U.K., South
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 Africa and Canada. The advantage of judicial commissions are that
BANGALORE
they are independent, broad based and they represent not only the
Suite 920, Level 9,
Raheja Towers,
views of the judiciary but also of the executive and other sections of
26-27, M G Road,
Bangalore - 560 001.
society.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue, In the present scenario transparency in every field is demanded. This
# 48, Race Course Road,
Coimbatore - 641018. has not spared the Judiciary system either.
Tel: +91 - 422 – 6552921
The Supreme Court collegium is accused mainly for its behavior as a
secret collegium.
Perhaps more transparency in the functioning of the collegium would
EMAIL
info@altacit.com
bring back the trust for the institution
WEBSITE
www.altacit.com